Return of Ukrainians after the war: what does the law say and what awaits refugees in Europe?

What should those who left for Europe because of the war prepare for? Can they be forcibly returned? How realistic is it to legalize in the EU outside of temporary protection status? We answer these and other questions together with a legal expert from Visit Ukraine

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The war has forced millions of Ukrainians to seek refuge in neighboring and distant countries. Many have already adapted to their new lives, found jobs, sent their children to school, and even started making plans for the future. But what will happen to those who see no prospects for returning to Ukraine? Can they be forcibly deported after the war ends? What are the options to stay legally in the EU?

We talk about the legal nuances of this issue with lawyer Anna Fedoryshyna, an expert in international and immigration law at Visit Ukraine.

Forced return of Ukrainians after the end of hostilities: is it possible?

Is there an international practice of forced return of citizens after the end of hostilities?

Anna: Today, there are no mechanisms in international law that oblige citizens of a particular country to return after the end of hostilities. Sovereign states, such as the EU, cannot forcibly deport Ukrainian refugees just because the war is over.

According to the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol, the principle of non-refoulement applies. It prohibits the return of persons to a country where they face persecution, torture, or serious danger. Even after the war is over, the situation in Ukraine may remain unstable, making mass deportations legally impossible.

Can EU countries decide to return or deport Ukrainians?

Anna: Legally, countries can terminate temporary protection if they believe that the reasons for granting it are no longer relevant. In this case, they may not extend the residence permit and require you to leave the country. However, this does not mean automatic deportation - the decision will be made individually, taking into account the rights of each individual and the overall situation in Ukraine.

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Will it be possible to stay in the EU after temporary protection?

Can Ukrainians be deprived of the right to stay in the EU en masse after the war?

Anna: This risk exists because temporary protection is temporary. As soon as the EU recognizes that there is no longer a threat to civilians in Ukraine, this status can be canceled. However, this does not mean automatic deportation or immediate eviction of all Ukrainians.

What will happen to Ukrainians if temporary protection is canceled?

Anna: Ukrainians in EU countries have been granted temporary protection status under Directive 2001/55/EC. This directive was activated for the first time precisely because of the war in Ukraine and allows states to provide temporary asylum in the event of a massive influx of people.

However, this does not mean that people will be left without options for legalization outside of Ukraine once the countries revoke the status. After temporary protection expires, Ukrainians can:

● Apply for refugee status if they can prove that returning is unsafe.

● Obtain a residence permit based on work, study, family reunification, etc.

● Legalize through other migration programs offered by different countries.

In addition, each EU country will consider the situation individually and is likely to provide a certain transitional period for legalization or voluntary return.

Can EU countries refuse to extend visas or residence permits to Ukrainians after the war?

Anna: If a person does not have grounds for stay (e.g., official employment or study), they may be refused further legalization after the end of temporary protection. However, many Ukrainians will be able to stay under other programs, in particular:

● By obtaining a work visa or a residence permit based on work.

● By applying for family reunification if they have close relatives who are EU citizens.

● By participating in programs for highly qualified specialists that operate in many countries.

Which categories of Ukrainians may be the first to lose the right to stay abroad?

Anna: The first to risk losing their right to stay are:

● Those who do not have a job or study and are not looking for legalization opportunities.

● People with criminal violations - EU countries can revoke the protection status of people who have committed crimes.

● Those who received social assistance without the intention of working, if the country's policy changes in favor of supporting working refugees.

● Those who left the EU and did not return, as temporary protection status may be lost after a long absence.

From all of this, we can conclude that EU legislation does not provide for the forced return of Ukrainians after the end of the war, but temporary protection will not be valid forever. Everyone who plans to stay in Europe should start looking for legalization options now to avoid unforeseen situations in the future.

If you want to find out what legalization options are available to you, get advice on obtaining a residence permit, employment or family reunification, please contact Visit Ukraine lawyers.

Our experts will help you understand current migration programs, prepare the necessary documents and do everything to ensure that you can stay in the EU legally. Do not put off important issues for later, get professional legal support today!

We remind you! In the previous article, Visit Ukraine lawyers have already explained how to move to Spain in 2025 with temporary protection in another country.

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